Shimla — In a judgment offering hope to senior citizens fighting for long-denied rights, the Himachal Pradesh High Court has ruled in favour of an 83-year-old petitioner, allowing her claim for family pension that was pending since 1999.
The court quashed the impugned order dated August 17, 1999, and directed the concerned authorities to consider her application under Rule 50(10) of the Pension Rules, which entitles parents to family pension after the remarriage of a widow.
Despite a delay of over two decades, the High Court found merit in the petition, citing the principle of "continuing wrong" — an exception to the rule that normally rejects delayed service-related claims.
Justice Sandeep Sharma, who authored the judgment, observed that in pension-related matters, where no third-party rights are disturbed, relief may be granted even after a long delay.
The court, however, restricted the arrears of pension to three years preceding the filing of the writ petition, following well-established jurisprudence that allows recovery of dues only for a limited past period in cases of recurring wrongs.
In another connected ruling, the Court held that a termination, in essence a voluntary retirement under Rule 31 of the 1995 Pension Rules, also qualifies for pension benefits.
The appellant, in that case, has been given the option to refund the provident fund contributions with interest or get the amount adjusted against the pension arrears, which must be paid within a month.
Taking note of the petitioner’s advanced age and prolonged struggle for justice, the court instructed the respondents to expedite the decision-making process within six weeks, ensuring a fair hearing.
The authorities are also required to file compliance by July 22, 2025.
This judgment comes as a ray of hope for many senior citizens across the state still waiting for resolution of their long-pending pension disputes.
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